A federal lawsuit has been filed against the Shelby County Sheriff's Office and General Sessions Criminal Court challenging the constitutionality of Tennessee's new bail law. The advocacy group Just City, along with the ACLU Criminal Law Reform Project, ACLU of Tennessee, and law firm Simpson Thacher & Bartlett LLP, assert that the recently enacted House Bill 1719 violates the Fourteenth Amendment. According to an Action News 5 report, the law in question uniquely prohibits judges in Tennessee from considering an individual's financial ability when setting bail.
The suit is based upon claims that the new legislation, signed into law in May by Governor Bill Lee, is fundamentally unfair and eschews decades of constitutional precedent. Josh Spickler, executive director of Just City, emphasized, as per Local Memphis that "Our Constitution demands that judges make individualized determinations about pretrial release," arguing that the new law inhibits judges from performing their critical duties and may lead to the unnecessary detention of individuals who pose no risk to public safety simply because they can't afford to pay an arbitrary bail amount.
The lawsuit is seeking a preliminary injunction to immediately halt enforcement of HB 1719. Furthermore, the legal challenge brings to light the stark contrast between the recent legislative action and the preceding bail reforms in Shelby County, which were specifically designed to consider a defendant's finances when determining a bond. The ACLU's senior staff attorney, Trisha Trigilio, is quoted in an ACLU press release, stating, "This shameful legislation targets low-income and marginalized Tennesseans for pointless jail time. We will not allow Tennessee lawmakers to end successful bail reform for political gain."
Supporters of the bill, including its sponsors State Senator Brent Taylor and State Representative John Gillespie, defend the legislation, asserting it will help to keep violent re-offenders from being prematurely released from jail. Gillespie said, per Action News 5, "Memphians are tired of career criminals exploiting the bail process to quickly return to our community and victimize others." He argues that setting bail without factoring in financial status ensures that everyone is treated fairly and that bail is based on factors such as the severity of the crime and the threat posed to others. However, the lawsuit contends that the new law creates a justice system that operates on a two-tiered basis, affecting those without the financial means to pay for their release disproportionately.
